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Owners of vessels answerable for damage &c. as herein.
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XXXV. And be it enacted, That the owner or owners of every ship, vessel and boat navigating the said river of Ross, shall be answerable for all damages or mischief which shall be committed or done to the said bridge, or any part thereof, by any of the crew or persons belonging to such ship, vessel, or boat; and that in case any person or persons having the charge or management of any such ship, vessel, or boat, or navigating the same, shall neglect or omit to take proper care to moor or make fast such ship, vessel, or boat, and in consequence of such neglect or omission, the said ship, vessel, or boat shall run foul of the said bridge, and thereby, or in any other manner damage the said bridge, or any part thereof, all and every person and persons so offending, shall forfeit to the said commissioners or their successors treble the sum necessary to be laid out in repairing such damage, to be recovered by action of debt, bill, plaint or information, in any of his Majesty’s courts of record, or by civil bill in the court of proper jurisdiction; and that any person who shall moor or lay any ship, vessel, or boat, so as to prevent or obstruct the passage of any ship or vessel through the portcullis of the said bridge, and shall not upon demand immediately remove the same, or any person having the charge or management of any ship or vessel, who shall demand the opening of such portcullis, before the yards or rigging of the ship or vessel he shall have the charge or management of, shall be in proper trim, and the said ship or vessel properly moored and ready for passing through the said portcullis without delay, or who shall in any manner occasion the said portcullis to be kept open, and the free passage over the said bridge obstructed for any longer time than absolutely necessary for the passage of such ship or vessel through the same, every person and persons so offending, shall upon complaint to the sovereign, deputy-sovereign, recorder, or other magistrate or magistrates of the said town of New-Ross, forfeit and pay to the person or persons complaining, such sum or sums not exceeding five pounds for each offence, as the said sovereign, deputy-sovereign, recorder, magistrate or magistrates, upon due proof of such offence, shall award or adjudge, and in case of non-payment of the sum or sums so awarded, the said sovereign, deputy sovereign, recorder, magistrate or magistrates, shall and may by warrant under his or their hand and seal, or hands and seals, order and direct that any of the furniture, tackle, apparel, or other articles belonging to such ship or vessel, sufficient to satisfy the said sum or sums so awarded or adjudged, be distrained, and if not redeemed within two days after such distress be sold for payment of the said sum or sums, and the reasonable costs and charges of such distress and sale, rendering the overplus, If any, to the person or persons from whom the same shall have been so taken.
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